KJI in the Media

LINN COUNTY LOSES COVID PRIVACY ISSUE

LINN COUNTY LOSES COVID PRIVACY ISSUE UPDATE: Kansas freedom fighters win in Linn County: Officials issue new order, ensuring Fourth Amendment rights May 18 – After facing a federal lawsuit and a hearing before a federal judge, Linn County’s health department has issued a new health order that respects the Fourth Amendment rights of citizens … Continue reading LINN COUNTY LOSES COVID PRIVACY ISSUE

Kansas Businesses Drop Suit After County Modifies Covid Order

May 19, 2020, 9:36 AM Newspaper, restaurant challenged the contact tracing order Plaintiffs alleged measure violated bar against unlawful searches A pair of Linn County business owners dropped a suit against public health officials in a Kansas federal court after the county issued a new order requiring it to get a warrant if a business … Continue reading Kansas Businesses Drop Suit After County Modifies Covid Order

PRESS RELEASE: Kansas freedom fighters win in Linn County

 UPDATE: Kansas freedom fighters win in Linn County: Officials issue new order, ensuring Fourth Amendment rights May 18 – After facing a federal lawsuit and a hearing before a federal judge, Linn County’s health department has issued a new health order that respects the Fourth Amendment rights of citizens and visitors. The new Order allows … Continue reading PRESS RELEASE: Kansas freedom fighters win in Linn County

PRESS RELEASE: KJI files motion for temporary restraining order against Linn County officials

UPDATE: Kansas Justice Institute files motion for temporary restraining order against Linn County officials Linn County Residents Sue For Privacy, Warrant Protection Citizens believe COVID health order violates their 4th Amendment rights May 12  – Kansas Justice Institute filed a motion late yesterday for a temporary restraining order in an effort to provide protection and relief from an … Continue reading PRESS RELEASE: KJI files motion for temporary restraining order against Linn County officials

Governor responds to challenges of coronavirus orders

Governor responds to challenges of coronavirus orders Posted May 12, 2020 7:45 AM TOPEKA, Kan. (AP) — State and local orders still in place for checking the spread of the novel coronavirus in Kansas are facing legal challenges from the state’s attorney general and business owners. Republican Attorney General Derek Schmidt said Monday that he … Continue reading Governor responds to challenges of coronavirus orders

Kansas county orders businesses to track customers; lawsuit calls that unconstitutional

Kansas county orders businesses to track customers; lawsuit calls that unconstitutional   LAWRENCE, Kan. — A rural eastern Kansas county has ordered businesses to keep track of their in-person customers by recording phone numbers and arrival and departure times during the pandemic — a move that has led to a federal lawsuit. The publisher of … Continue reading Kansas county orders businesses to track customers; lawsuit calls that unconstitutional

Kansas Justice Institute files for temporary restraining order against Linn County Officials

By Sarah Motter Published: May. 12, 2020 at 5:09 PM CDT The Kansas Justice Institute has filed a motion for a temporary restraining order against Linn County officials. Some Linn County residents are suing their county officials for privacy. They believe that the COVID-19 health order violates their 4th Amendment rights. This amendment protects residents … Continue reading Kansas Justice Institute files for temporary restraining order against Linn County Officials

State, local coronavirus orders face challenges in Kansas

State, local coronavirus orders face challenges in Kansas By: John Hanna, Associated Press Posted at 4:13 PM, May 11, 2020 and last updated 4:13 PM, May 11, 2020 TOPEKA, Kan. (AP) — State and local orders still in place for checking the spread of the novel coronavirus in Kansas are facing legal challenges from the state’s … Continue reading State, local coronavirus orders face challenges in Kansas

Health Order requiring record of who visits establishments sparks lawsuit over Fourth Amendment rights

Health Order requiring record of who visits establishments sparks lawsuit over Fourth Amendment rights Posted: May 11, 2020 3:03 PM by Stacie Strader LINN COUNTY, Kan. – A recent order by the Linn County (Kansas) health officer has sparked a federal lawsuit from two Linn County residents. In the suit, Jackie Taylor and Linda Jo … Continue reading Health Order requiring record of who visits establishments sparks lawsuit over Fourth Amendment rights

Linn County business owners’ lawsuit challenges county COVID-19 Order

KJI challenges directive that numerous companies compile and share information on customers By Tim Carpenter TOPEKA — A Linn County newspaper publisher and a La Cygne restaurant owner filed a federal lawsuit challenging constitutionality of Linn County’s requirement that businesses compile information on customers that might be useful in tracing people infected with coronavirus. Jackie … Continue reading Linn County business owners’ lawsuit challenges county COVID-19 Order

PRESS RELEASE: Linn Co. Residents Sue For Privacy, Warrant Protection

May 10, 2020  –  A recent order by the Linn County (Kansas) health officer has sparked a federal lawsuit from two Linn County residents. In the suit, Jackie Taylor and Linda Jo Hisel contend that the health Order violates their Fourth Amendment rights. The Linn Co. Order was issued on May 1, 2020, and requires … Continue reading PRESS RELEASE: Linn Co. Residents Sue For Privacy, Warrant Protection

Press Release: Litigation Outfit Responds to Gov. Kelly’s Press Conference, County Health Orders

FOR IMMEDIATE RELEASE FROM KANSAS JUSTICE INSTITUTE: Litigation Outfit Responds to Gov. Kelly’s Press Conference, County Health Orders April 30 –  After Gov. Laura Kelly’s announcement on the evening of April 30, Kansas Justice Institute sent a letter to all local health officers in Kansas. KJI has been actively involved with public health orders in Osage County, raised … Continue reading Press Release: Litigation Outfit Responds to Gov. Kelly’s Press Conference, County Health Orders

Constitutional rights more important than ever

By Samuel G. MacRoberts/Special to Gannett Kansas Posted Apr 25, 2020 Original article The government does not get a free pass, even during a pandemic. It’s just as important now, perhaps more so, to follow the rule of law, and respect our constitutional principles. As a Kansas Supreme Court justice said recently, “Public officials have … Continue reading Constitutional rights more important than ever

PRESS RELEASE: Osage County responds to legal watchdog, supports First Amendment

April 22, 2020 – The residents of Osage County, Kansas, were planning to attend an Easter parade when it was canceled by the Osage County Health Department.  According to reports, the County Health Department deemed the parade to be in violation of stay at home orders. At the time the parade was planned by the … Continue reading PRESS RELEASE: Osage County responds to legal watchdog, supports First Amendment

“Car Parades, Cruises, and Joyriding” “Are NOT Prohibited,” at Least in Osage County, Kansas

And they would, I think, be peaceable assembly protected by the First Amendment, even in a time of epidemic. Eugene Volokh |The Volokh Conspiracy | 4.22.2020 11:30 PM From the County’s page: Q: Are car parades, cruises, and joyriding prohibited? A: No, they are NOT prohibited by any stay at home order issued by the … Continue reading “Car Parades, Cruises, and Joyriding” “Are NOT Prohibited,” at Least in Osage County, Kansas

To cruise or not to cruise

ORIGINAL SOURCE: Newstalk KZRG First Amendment or the safety of the community?  When the residents of Columbus, Kansas, planned a cruise night to honor High School seniors amid the COVID-19 crisis they were met with an obstacle. City administration issued an order stating, “the activities of cruise nights, car cruises and/or car parades will not … Continue reading To cruise or not to cruise

Columbus changes course on car cruise

ORIGINAL SOURCE: Cherokee County News-Advocate COLUMBUS — After issuing an order in response to the coronavirus crisis that would have prevented residents from participating in a cruise night to recognize local high school seniors, the City of Columbus backed off last week. “Residents were also informed that Columbus City Police had the authority to enforce … Continue reading Columbus changes course on car cruise

Churches, Shutdown Orders, and Religious Freedom Restoration Acts (in Kansas and Elsewhere)

EUGENE VOLOKH |THE VOLOKH CONSPIRACY | 4.12.2020 8:50 AM EUGENE VOLOKH is the Gary T. Schwartz Distinguished Professor of Law at UCLA. If people are allowed to go to bars, restaurants, libraries, schools, and factories (with suitable social distancing), should they also be allowed to go to church?   From a memorandum released Wednesday by Kansas … Continue reading Churches, Shutdown Orders, and Religious Freedom Restoration Acts (in Kansas and Elsewhere)

First Amendment issues raised with Columbus Cruise Night order

Original source: KOAM news COLUMBUS, Kan. – The City’s decision changed, but before that, many residents were upset after Columbus Police posted to social media, telling them a cruise night to honor High School seniors would not be allowed. On April 8, a day before the scheduled cruise, the Police Department posted in part, “the … Continue reading First Amendment issues raised with Columbus Cruise Night order

Press Release: KJI statement on religious gatherings, Gov. Kelly EO 20-18

FOR IMMEDIATE RELEASE: April 8, 2020 –  Earlier today, Sam MacRoberts, litigation director and general counsel of Kansas Justice Institute, sent a letter to Gov. Laura Kelly regarding Executive Order 20-18. The letter raises constitutional concerns on the substance of EO 20-18. The Legislative Coordinating Council also received the letter. “The Governor’s latest executive order … Continue reading Press Release: KJI statement on religious gatherings, Gov. Kelly EO 20-18

Press Release: Follow-up with COVID-19 tracking in Kansas

FOR IMMEDIATE RELEASE April 2, 2020  –   In a press conference today, Kansas Governor Laura Kelly addressed concerns raised by Kansas Justice Institute regarding a recent report indicating that the Kansas Department of Health and Environment was using a GPS program to track residents’ locations through their phones. This evening, KJI sent a follow-up letter … Continue reading Press Release: Follow-up with COVID-19 tracking in Kansas

Press Release: Demanding legal answers on Kansas COVID-19 tracking

FOR IMMEDIATE RELEASE April 1, 2020 — Today, The Kansas Department of Health and Environment held a press conference announcing the use of a GPS program to track residents’ locations through their cell phones. Department head of KDHE, Dr. Lee Norman, announced at the press conference that such measures are necessary to track the measures … Continue reading Press Release: Demanding legal answers on Kansas COVID-19 tracking

Constitution can handle virus challenges

By Samuel G. MacRoberts Submitted to the Topeka Capital-Journal In these trying times, vigilance is paramount. That’s why public health officers began taking action. Their sole mission is to stop COVID-19′s spread. The point is to “flatten the curve.” The goal is laudable and necessary. Health officers are empowered to act and should act within … Continue reading Constitution can handle virus challenges

Raw milk producers may now advertise in Kansas

By Tim Carpenter Posted Jan 1, 2020 Raw milk producers may now advertise in Kansas Kansas dairy goat producers Coraleen and Mark Bunner from near Hays filed a lawsuit against the state for restrictions placed on farmers advertising raw milk products, and won. Kansas dairy goat farmers Coraleen and Mark Bunner’s lawsuit challenging a 50-year-old state law … Continue reading Raw milk producers may now advertise in Kansas

Raw milk causes sour feelings in Kansas as sales ban or warning label considered

BY JONATHAN SHORMAN FEBRUARY 17, 2020 Raw milk causes sour feelings in Kansas as sales ban or warning label considered   Got raw milk? The answer in Kansas is yes. But that could change. A fight over whether dairy producers should be allowed to sell milk straight from a cow — or goat — has … Continue reading Raw milk causes sour feelings in Kansas as sales ban or warning label considered

Bizarre law drives justified suit

Bizarre law drives justified suit Feb 18, 2020 Got raw milk? Kansas goat farmers Mark and Coraleen Bunner do, but bizarrely, they and every other producer have been prohibited by state law from advertising or even mentioning that fact anywhere but physically on their farms. That means no printed ads, no late-night television pitches, no … Continue reading Bizarre law drives justified suit

Kansas case was about free speech, not raw milk

By Sam MacRoberts The First Amendment doesn’t stop at a farmer’s gate. At least not anymore, thanks to Mark and Coraleen Bunner. The Bunners are hardworking, honest dairy farmers near Hays. They started their dairy nearly 25 years ago with just a single goat and expanded slowly over the years. The dairy farm was a … Continue reading Kansas case was about free speech, not raw milk

A bizarre Kansas law prohibited advertising raw Milk. So this farm couple fought back.

By The Kansas City Star Editorial Board – November 11, 2019 05:00 AM via The Kansas City Star Got raw milk? Kansas goat farmers Mark and Coraleen Bunner do, but bizarrely, they and every other producer have been prohibited by state law from advertising or even mentioning that fact anywhere but physically on their farms. … Continue reading A bizarre Kansas law prohibited advertising raw Milk. So this farm couple fought back.

Kansas Prohibition on Advertising of Raw Milk Ruled Unconstitutional!

By Alexia Kulwiec | November 11, 2019 via Farm to Consumer Legal Defense Fund – FarmToConsumer.org Until last week, Kansas raw milk farmers were permitted to produce raw milk and sell it directly from the farm but were prohibited from advertising it off-premises. According to the Raw Milk Advertising Ban, raw milk farmers were limited … Continue reading Kansas Prohibition on Advertising of Raw Milk Ruled Unconstitutional!

Free Speech: Right to Advertise Raw Milk

The Kansas Department of Agriculture has agreed that a Kansas statute sharply limiting such advertising violates the First Amendment. EUGENE VOLOKH |THE VOLOKH CONSPIRACY | 11.7.2019 9:01 AM via Reason.com Kansas law allows “the sale of milk or milk products on the farm by the producer from the production of the dairy herd to the … Continue reading Free Speech: Right to Advertise Raw Milk

Judge declares unconstitutional Kansas’ limits on raw milk ads

By Tim Carpenter via CJonline.com the Topeka Capital Journal Goat farmers Coraleen and Mark Bunner’s lawsuit challenging a 50-year-old state law limiting advertising on sales of raw milk resulted Wednesday in a court order approved by the Kansas attorney general and the Kansas agriculture secretary conceding the statute to be unconstitutional. Shawnee County District Court … Continue reading Judge declares unconstitutional Kansas’ limits on raw milk ads

Asset forfeiture law needs reform in Kansas – The Wichita Eagle

By Samuel G. MacRoberts  July 06, 2019 12:00 AM Kansas has one of the worst asset forfeiture laws in the nation. The Kansas Legislature had the opportunity to fix the problems this session but didn’t. Asset forfeiture may sound innocuous enough but in practice it’s abusive and fundamentally unjust. It’s when the government seizes money … Continue reading Asset forfeiture law needs reform in Kansas – The Wichita Eagle

Kansas’ unjust forfeiture law amounts to policing for profit

BY SAMUEL G. MACROBERTS SPECIAL TO THE STAR MAY 21, 2019 08:32 PM, UPDATED MAY 22, 2019 11:17 AM Kansas has one of the worst forfeiture laws in the nation. Presumption of innocence. Proof beyond a reasonable doubt. Judged by a jury of your peers. These aren’t just catchphrases; they are the bedrock principles that form a … Continue reading Kansas’ unjust forfeiture law amounts to policing for profit

Kansas Justice Institute in the spotlight

Join host James Franko, vice president, and policy director of KPI, as he discusses why the launch of the new litigation center, Kansas Justice Institute, is big news for the constitutional rights of ALL Kansans. James interviews Sam MacRoberts, litigation director and general counsel of the Kansas Justice Institute.

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